| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 05/30/2002 | Filing Fee | Filing Fee Waived. | | |
| 05/30/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) | | 02-09470
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| 06/11/2002 | Order/Procedural | Filed Order. After sentencing, the district court granted Mr. Harter's motion to withdraw and appointed Robert Draskovich as appellate counsel. The district court's order is without effect. Mr. Harter must first file a fast track statement. Mr. Harter shall, within 10 days of the date of this order, file a transcript request form or a certificate stating that no transcript is required and shall file a fast track statement (and appendix) within 40 days of this order. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. fn3[Mr. Draskovich shall continue as appellate counsel, and may file a supplemental fast track statement if necessary, as provided by NRAP 3C(g).] | | 02-10131
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| 07/22/2002 | Fast Track Brief | Filed Fast Track Statement. STRICKEN BY ORDER 08/29/02. | | 02-12557
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| 08/16/2002 | Motion | Filed Motion to Strike. Motion to Strike Fast Track Statement. | | 02-14010
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| 08/29/2002 | Order/Procedural | Filed Order Granting Motion. filed August 16, 2002. The clerk of this court shall strike the fast track statement filed on July 22, 2002. Appellant's counsel Alan R. Harter shall, within 10 days of the date of this order, file a transcript request form or certificate that no transcript is required and 30 days to file a fast track statement and appendix. Failure to comply with the rules and orders of this court may result in the imposition of sanctions. | | 02-15013
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| 10/31/2002 | Order/Procedural | Filed Order. Order Directing Attorneys David Lee Phillips and Alan R. Harter to Appear and Show Cause. David Lee Phillips is counsel of record in Docket No. 38123 and Docket No. 38124. We conclude that Phillips' dilatory actions and neglect of his obligations to this court and his clients require his removal as counsel of record. Because appellants should be represented by counsel, we remand these appeals to the district court for a determination of whether appellants are indigent. If appellants are indigent, it shall appoint new counsel to represent appellants in these appeals within 30 days of the date of this order. If not indigent, the district court shall forthwith inform appellants of its determination. Appellants shall have 30 days from the date of the determination that they are not indigent to secure new counsel and have counsel enter an appearance with this court. The clerk of the district court shall promptly file with the clerk of this court either (1) a copy of the written order of appointment of counsel, or of the minute order reflecting the date of appointment and the individual attorney appointed; or (2) a copy of the written or minute order determining that appellant is not indigent. If counsel is appointed, the clerk of the district court shall serve a copy of this order on the attorney appointed to represent appellant in this matter and provide proof of such service to the clerk of this court. Thereafter, counsel shall have 10 days to file a notice of appearance in this court. Counsel shall, within 10 days of the date of appointment file transcript request forms or certificate that no transcripts are required, and shall file the fast track statements and appendices within 60 days of appointment. Thereafter, these appeals shall proceed in accordance with the provisions of NRAP 3. Alan R. Harter is counsel in Docket No. 39697. To date, Harter has failed to comply with this court's order of August 29, 2002. In the interest of expediting the briefing in this appeal, previously-appointed appellate counsel Robert M. Draskovich shall have 10 days from the date of this order to file a rough draft transcript request form or a certificate that no transcript is required and shall have 40 days from the date of this order to file a fast track statement and appendix. We direct Phillips and Harter to appear personally before this court on November 13, 2002, at 11:30 a.m., in Carson City following the conclusion of the oral arguments scheduled on that date. Phillips and Harter shall be prepared to show cause why each should not be held in contempt and suspended immediately from the practice of law. Any evidence which Phillips or Harter desire to present on their behalf shall be filed in affidavit form on or before November 8, 2002. Nos. 38123/38124/39697-cases are not consolidated. | | 02-18740
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| 11/08/2002 | Notice/Incoming | Filed Affidavit of Alan R. Harter. | | 11-24875
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| 11/08/2002 | Order/Procedural | Filed Order. Vacating Directive to Appear and Show Cause. On October 31, 2002, this court directed attorneys David Lee Phillips and Alan R. Harter to appear personally before this court on November 13, 2002, and to show cause why they should not be held in contempt and suspended immediately from the practice of law. Pending further order of this court, we hereby vacate the directive that Phillips and Harter appear and show cause on November 13. The remainder of our October 31 order remains in effect. Nos. 38123/38124/39697-cases are not consolidated. | | 02-19327
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| 11/13/2002 | Notice/Incoming | Filed Affidavit of David Lee Phillips in Response to Order to Appear and Show Cause. Nos. 38123, 38124 and 39697. (02-19474). | | 11-24876
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| 11/13/2002 | Notice/Incoming | Filed Affidavit. Affidavit of James P. Bulah in Support of David Lee Phillips, Esq., Response to Order to Appear and Show Cause. Nos. 38123, 38124 and 39697. | | 11-24877
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| 11/13/2002 | Notice/Incoming | Filed Affidavit. Affidavit of Alan R. Harter | | 02-19480
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| 12/03/2002 | Fast Track Brief | Filed Fast Track Statement. | | 02-20619
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| 12/03/2002 | Appendix | Filed Appendix to Fast Track Statement. | | 02-20620
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| 12/16/2002 | Fast Track Brief | Filed Fast Track Response. | | 02-21426
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| 12/16/2002 | Appendix | Filed Appendix to Fast Track Response. | | 02-21427
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| 02/27/2003 | Order/Counsel | Filed Order/Sanctions. Order Directing Attorney Alan R. Harter to Pay Sanctions or Appear and Show Cause Why He Should Not Be Held in Contempt of Court. In each of these three appeals, this court sanctioned attorney Alan R. Harter for failure to comply with this court's orders and rules of appellate procedure. Despite the fact that the sanctions are long overdue, Harter has failed to pay the sanctions, and he has not otherwise communicated with this court regarding the sanctions. In sum, Harter's conduct in these matters has been entirely unacceptable. Harter shall have 30 days from the date of this order within which to provide the clerk of this court with proof of payment of the overdue sanctions to the Supreme Court Law Library, in the total amount of $750.00, plus an additional sanction to the Supreme Court Law Library of $1,000.00, or personally appear before this court and show cause why he should not be held in contempt of this court, and subjected to an appropriate punishment including, but not limited to, the possibility of confinement, immediate suspension from the practice of law, or an order of this court prohibiting Harter from accepting any clients involved in criminal proceedings or the appointment by the court as counsel for any indigent for criminal defendants and also prohibiting him from appearing as counsel of record in this court. Docket Nos. 29734/29849/39697 – not consolidated. | | 03-03227
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| 02/27/2003 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." fn1[We have considered all proper person documents filed or received in this matter, and we conclude that the relief requested is not warranted.] SNP03-MS/ML/NB | | 03-03267
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| 03/13/2003 | Notice/Incoming | Filed Proof of Payment of Sanction. Payment of Sanctions from Alan R. Harter in the amount of $1750.00 - check no. 3520. Nos. 39734/39849/39697 - not consolidated. | | |
| 03/25/2003 | Remittitur | Issued Remittitur. | | 03-03406
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| 03/25/2003 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 04/03/2003 | Remittitur | Filed Remittitur. Received by County Clerk on March 27, 2003. | | 03-03406
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